§ 4.3.4. Temporary outdoor retail sales displays.

Temporary outdoor retail sales displays and related outdoor storage activities include the exhibition or representation of goods, merchandise, materials, or other items sold or bought at a retail establishment in which the items are displayed or sold outside the confines of a wholly enclosed building, and which are associated with the principal use of an existing business. Temporary outdoor retail sales displays shall not include events for which no business license is required (e.g. cookie sales). Temporary outdoor retail sales displays shall be subject to the following regulations.

A.

Use regulations.

1.

A special administrative permit must be approved in accordance with the provisions of article 7.

2.

Temporary outdoor retail sales displays shall include the display and sale of retail merchandise associated only with the principal use of the primary business on the property for a limited period of time.

3.

Any object, device, display or structure, or part thereof, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service or event, shall also be considered part of the temporary outdoor retail sales display.

4.

Sales transactions associated with the temporary outdoor retail sales display shall be conducted by employees of the principal use, and goods shall be owned by the owner or tenant of the principal use, not a consignment operation or temporary arrangement with a transient merchant/vendor.

5.

Sales transactions associated with the temporary outdoor retail sales display must be consummated inside the building housing the principal use located on the site.

B.

Lot and parcel restrictions.

1.

Goods and merchandise may be displayed on public sidewalks only when a sidewalk abuts the store or building. Displays on public or private sidewalks shall not interfere with pedestrian travel, and the minimum ADA-required sidewalk width clearance shall be maintained.

2.

Temporary outdoor retail sales display activities are prohibited on a vacant parcel.

3.

Temporary outdoor retail sales display activities shall be conducted only on a paved surface, unless approved by the director.

4.

Temporary outdoor retail sales display activities shall be permitted only on property where such activities shall not disrupt controlled vehicular ingress and egress and are not permitted within areas required, set aside or designated for loading and maneuvering areas, emergency access ways, driving aisles and driveways.

5.

Property zoned M (Light Industrial) and M2 (Heavy Industrial) are exempt from (b)(1) and (b)(2) and the duration limits (Table 4.3). An administrative use permit is required, and duration of use is subject to the approval of the director.

C.

Setback and display requirements.

1.

All temporary outdoor retail sales display activities, including installation or erection of associated temporary display and sales structures, and stand-alone merchandise, display tables, or display racks, must be set back at least ten (10) feet from a county or state right-of-way.

2.

A temporary shade structure, tent, tilt-up, umbrella or covering may be erected as a part of the temporary outdoor retail sales display activity. Mobile buildings are prohibited. Tents over one hundred (100) square feet shall require issuance of a building permit.

3.

Display tables, racks or shelves may be used as part of a temporary outdoor retail sales display activity.

4.

Temporary outdoor retail sales display items, excluding shade structures, tents, tilt-ups, umbrellas or coverings, shall not exceed six (6) feet above grade.

5.

A sign may be erected on the property in accordance with chapter 21, sign ordinance, for the duration approved by the administrative permit.

( Ord. No. 15-06 , 8-25-2015)